Disputes Tribunal Act 1988, ss 42(2), 49

Usually, the Tribunal will only grant a rehearing of the dispute if one party can show that not all the relevant information was available, or that a mistake was made, or that something else went wrong that prevented a proper decision from being made. For example, a person might apply for a rehearing if:

• that person (or his or her witness) was unexpectedly unable to attend the hearing for a valid reason, or
• the referee made a material error in stating the amount of money a party had to pay as compensation (for example, incorrectly added up losses), or
• after a hearing at which the referee approved an agreement between the parties, either party discovers facts:
  • that are directly relevant to the dispute, and
  • that could not have been obtained before the hearing, and
  • that would have had a bearing on whether the party would have agreed to the settlement.

A rehearing will not be granted just because one party disagrees with the decision.

The same referee who heard the original case will consider the application and decide whether to grant a rehearing.

However, if a rehearing is granted, it will be conducted by a new referee.

There is no fee for applying for a rehearing.

Either party has 20 working days after the original decision to apply for a rehearing.